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Terms and Conditions

The participant acknowledges s/he has read and agrees to the terms and conditions of service set out herein prior to registering as a participant in the activity.

 

Take Shape Health & Fitness Pty Ltd trading as ’Take Shape Adventures’ (hereby referred to as TSA) reserves the right to cancel sessions, events or activities at any given time including cancellations on the day of said activity. If we choose to cancel a session, event or activity this is generally due to, but not limited to; insufficient participants, extreme weather (Severe Winds/ Hail/ Torrential Rain/ Severe Fire Danger/ Lightning); Park closure, transportation failure or termination. Participants will be entitled to re-book the activity / event at no additional charge. Refunds will not be given however if a participant cannot attend a new date, credit will be issued for the full payment amount, to be used for another TSA activity / event within 12 months from the date of cancellation. Participants are not entitled to claim any form of compensation from TSA for cancellations, this includes but not limited to Accommodation expenses/ Flights/ Fuel or additional travel expenses incurred.

We will notify you as soon as we have to cancel or postpone a session. We will do our best to accommodate you on another session/day or a different activity.

TSA staff are qualified in first aid, insured for public liability and undergo an appropriate traineeship program with TSA to ensure that they are appropriately skilled for the sessions, events or activity.

The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the supplier.

The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the participant and his or her executors.

The participant has read and understands this waiver of the participant’s legal rights.

Health and Fitness

Take Shape Adventures (TSA) has the right to exclude any person from participating in our activities. If the activity leader concludes the participant does not meet the minimum requirements to safely participate in the chosen activity. Participants must be in good health and have a suitable level of fitness for their chosen activity, and not be under the influence of alcohol or drugs. Failure to disclose information about any illness, physical limitations or injuries exempts TSA from any liability. 

At the time of signing on for an activity you confirm that:

  1. you have general good health
  2. you have an appropriate level of fitness and wellbeing for the event you elect to undertake

Disclosure

By agreeing to these Terms and Conditions, you have disclosed to TSA all medical conditions, medications, allergies, intolerances, food requirements or injuries that may affect your ability to undertake activities with TSA, and that you know of no medical or other reason (other than as disclosed by you) why you cannot do active exercise. You further acknowledge that you have not been given advice from a medical professional that would be contravened by your attendance at a TSA event.

Vouchers, Promotions

Vouchers include but not limited to all gift card purchases, multiple walk offers, promotions and birthday certificates.

Vouchers expire 12 months from the date of purchase.

Bookings can be made for future listed events, however the booking must be made within the 12 month expiry period.

Vouchers is valid only within Australia and its value is equivalent to the Australian currency as printed.

Vouchers cannot be used in conjunction with other promotions or discounts.

Vouchers is not refundable or exchangeable for cash and any unused balance at the expiry date will not be refunded.

Take Shape Adventures reserves the right to vary/amend these terms & conditions without prior notice.

Multiple vouchers may be used in a single transaction.

In the event that the value of the voucher(s) used in a single transaction does not cover the full cost of the goods or services purchased, the balance must be paid by the voucher holder.

Take Shape Adventures shall not be responsible for any claims, demands, losses, costs, expenses or liability of any kind whatsoever suffered, arising from or in connection with loss or improper, or unintended use of this voucher.

Take Shape Adventures reserves the right to discontinue its vouchers or promotions at any time.

Provision of Food

TSA prepares and provides participants all meals for the duration of its events. Although all due care is taken by TSA staff to ensure traces of nuts, egg, dairy, gluten and other know allergens are contained, and the serious implications of reactions to allergens is acknowledged, TSA will not accept responsibility or liability for an adverse reaction to any food provided. All our food management is undertaken to the required standards where possible. However in attending an event, particularly walks of an extended nature or overnight hikes, participants agree that food either prepared or served in the field may not meet all hygiene standards.

Payments

All payments are made to Take Shape Health & Fitness PTY LTD trading as Take Shape Adventures (TSA) and are processed in Australian dollars ($AU) via our online booking systems and secure software. This software may include Woocommerce, InfusedWoo, Infusionsoft, Eventbrite, Stripe, Paypal, Eway. We may also accept direct deposits to our bank account upon request in special circumstances. Failure to make a full or partial payments at our request may result in your booking being cancelled.

All payments are inclusive of GST.

When purchasing from Take Shape Adventures, all card details are transmitted through our secure website. No card data is held by Take Shape Adventures after processing.

For single day events – 100% payment is required upon booking.

For multi-day events – we require a non-refundable deposit to secure a booking. Final payments are required to be fully paid 30 days prior to the event start date. 

Exclusion from the price

Prices quoted are inclusive of GST and are for the event and said inclusions only. The following items are excluded from the trip price including Personal Insurance, transport to and from the event site or start location, and additional activities unless stated as inclusive at time of booking.

Cancellations and Refunds

If you cancel your booking prior to the scheduled event, you may be eligible to the following refunds:

  1. More than 90 days prior to an event, we will retain the deposit. 
  2. Between 89-60 days we will retain the deposit plus 20% of the full cost of the event.
  3. Between 59-30 days we will retain the deposit plus 50% of the full cost of the event.
  4. Less than 30 days prior to your event start date, 100% of the event price will be forfeited.

If you fail to attend an event on the day for any reason, all monies/vouchers will be forfeited and you will not be entitled to any form of credit or compensation.

Privacy Policy

This Privacy Policy governs the manner in which Take Shape Adventures (TSA), uses, maintains and discloses information collected from users (“User”) of the  takeshapeadventures.com.au website (“Site”). This privacy policy applies to the Site and all products and services offered by TSA.

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, Facebook Page, Tweets, place an order, fill out a form, or subscribe to the newsletter. Users may be asked for, as appropriate, name, email address, mailing address, phone number.

We do not share this information with outside parties except to the extent necessary to provide the immediate service being offered. If the User decides to opt-in to our mailing list, they will receive emails that may include news, updates, related product or service information, sales and marketing information etc. The User can unsubscribe from receiving future communication at any time by contacting TSA.

Hire or Loan Equipment

These conditions govern the rental and/or loan of any equipment, clothing or goods whatsoever (“Equipment”) by the Participant from Take Shape Adventures.

The Participant acknowledges and agrees that no representations have been made by TSA in relation to the suitability of the Equipment for the Customer’s purposes.

The Participant shall ensure that they, and anyone else who may use the Equipment, uses it safely, and as per the manufacturer’s instructions and with the necessary care, skill and diligence required to use the Equipment.

If the Equipment is lost, stolen or damaged (which TSA shall determine in its sole discretion) then the Customer shall pay any replacement or repair costs determined by TSA.

Under 18

All TSA activities have a minimum age limit of 12 years old or over to participate. This is due to the skills, coordination, and endurance required to undertake these activities. Any persons under the age of 18 MUST be accompanied by a responsible adult and a waiver form must be signed by that person.

Weather policy

TSA reserves the right to cancel an activity due to heavy rain, poor visibility, lightning or strong winds. Activities are only cancelled if conditions will present an unacceptable risk to participants. TSA will endeavour to cancel events a minimum of 12 hrs prior the events scheduled start time, and may be required to cancel events due to other State Government Agency requirements such as a Park closure or Total Fire Ban. Activities are generally not cancelled due to inclement weather, which is to be reasonably expected during participation in outdoor activities. This includes but is not limited to cold weather, hot weather, rain, winds, snow, fog, darkness.

Safety

TSA puts safety first and reserves the right to suspend or cancel the membership of any member whose conduct has the potential to cause injury or harm to the public, staff of TSA or other clients.

TSA may, at its discretion, suspend or cancel your involvement in an activity if you:

  1. breach these Terms and Conditions
  2. behave in a way that is a risk to you or others
  3. behave in a way that is inappropriate or offensive or in breach of the law
  4. use illegal or performance enhancing drugs when undertaking activities

The Participant agrees to provide sole responsibility for the security and safety of the participant’s own equipment and other personal belongings during the activity and related activities.

The participant agrees that he or she has received advice that it is highly recommended that he or she obtain personal accident insurance and an ambulance subscription to cover any accident or injury or other risk incurred during participation in the event.

Transfer of place

You can transfer payment of an activity to another person at the sole discretion of TSA.

Feedback and complaints

Your feedback is welcome and important in helping us to resolve our clients concerns with all aspects of TSA and the services and activities it provides.

If you have any constructive feedback or a complaint we encourage you to inform us by email or by calling us during our normal business hours. TSA will use its best endeavours to respond to your feedback promptly.

 

Contact Us

If you have any questions about these Terms & Conditions, our practices, pricing and payments, or any other dealings with our staff, please contact us at:

Take Shape Adventures

PO Box 5005

Alphington, 3078.

Australia

hello@takeshapeadventures.com.au

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